Mick Barry (Cork North Central, Solidarity)
Link to this: Individually | In context | Oireachtas source

144. To ask the Taoiseach and Minister for Defence the reason bestowing on the Defence Forces the rights contained in the Organisation of Working Time Act 1997 has not been progressed over the past year; and if he will make a statement on the matter. [3371/18]

Paul Kehoe (Wexford, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The implications of the Working Time Directive and its implementation, in respect of the Defence Forces, under the Organisation of Working Time Act, 1997, have been the subject of an intensive and on-going review by my Department for some time.  A blanket exemption in respect of Defence Forces activities under the Act is currently in place.

My Department has concluded an audit of the activities of the Defence Forces, with a view to determining what activities may qualify for a derogation or exemption under the terms of the Directive.

In November 2016, the Department of Jobs, Enterprise and Innovation advised my Department that it received Government approval to amend the Organisation of Working Time Act, 1997, insofar as it provides for a specific exclusion for members of An Garda Síochána and the Defence Forces.  The responsibility for this legislation moved to the Department of Employment Affairs and Social Protection in 2017 and they are currently considering the most appropriate legislative method by which to bring about necessary amendments. 

I am constrained as to what further details I can share with the Deputy as there is litigation pending in the High Court on this matter.